Oct 02, 2024
ALBUQUERQUE, N.M. (KRQE) – One by one, Albuquerque police officers have been turning in their badges rather than talking to investigators about an alleged public corruption scheme involving DWI cases. Today, a man who claims he was wrongfully arrested and targeted in the alleged scheme, has filed a civil lawsuit against the city, APD, and its police chief. "Racketeering, extortion, and civil rights violations" are some of the damning claims made in the lawsuit filed by the ACLU against nine Albuquerque police officers, eight of whom have since left the force, the City of Albuquerque, Chief Harold Medina, defense attorney Thomas Clear III, and his paralegal, Ricardo "Rick" Mendez. READ: Civil Lawsuit ↠ "This is essentially a mob-like practice that's being perpetrated by our officers," said Attorney Taylor Smith. Smith said he's working with the ACLU to seek justice for Carlos Smith, a man whose DWI case KRQE Investigates reported on earlier this year when Smith brought forward evidence revealing red flags with how former Albuquerque Police DWI officer Joshua Montaño, handled his arrest. "He needs to definitely pay for what he did to me and for anybody else that he did this to," Carlos Smith told KRQE in a February interview. Smith was originally stopped for speeding last summer. He willingly took a breath test and blew below the legal limit, but he was still booked and charged with DWI. During the booking process, Smith told KRQE his arresting officer, Joshua Montaño, took off his bracelet, and later called him about it. VIEW: KRQE's coverage of the Albuquerque Police Department's DWI Dismissal Scandal "I don't know if you realize, but I'm sure you do, that some of your jewelry was missing from the property from Sunday evening," Montaño's voice is heard on Smith's voicemail. "And it looks like the PTC officers didn't put that in your property bag, but I have it," the message continued. That's when Smith said the officer connected him to defense attorney, Thomas Clear III's office. Smith said an uneasy feeling prompted him to record his interaction with Clear's Paralegal, Rick Mendez. Below is a transcript from a portion of that recording: Paralegal: So we charge $8500 and you could do it in payments. Smith: And with you representing me, that would guarantee that this doesn't go on my record? Paralegal: Yes. "They are taking people's belongings and forcing them to have interactions with private attorneys in order to facilitate obtaining money for the scheme," explained attorney Smith. In January, Carlos Smith's DWI case was dismissed; the same month Attorney Clear's office was raided by federal agents and news of the alleged scheme broke open. In its lawsuit, the ACLU claims officers with APD's DWI unit would refer DWI suspects to Clear and Mendez for legal services, claiming "Defendant Officers would agree not to attend pre-trial interviews or testify in those individuals' criminal cases in exchange for consideration from Defendants Clear and Mendez." No criminal charges to date The public corruption scheme is also under investigation by the FBI. But so far, no one has faced any criminal charges. For its part, the ACLU claims Smith's case deserves its day in court. "His life has been ruined," Taylor Smith said of his client. "He's now been forced to rebuild his life since all this happened. And our opportunity to do this is through the civil process." Attorney Smith said the ACLU has heard from other potential victims of the alleged scheme. The lawsuit also claims APD's Chief and the City knew about corruption well before the news about it went public. "Officer Montaño did not operate in a vacuum, at least based off of his statements made {as} part of his resignation," said Smith. "We know that this is a pervasive issue." Attorney Smith said by naming the other officers accused in the alleged scheme in the lawsuit, "We're trying to find out exactly each role they played in this scheme. And so when it comes to this, it's just making sure that our officers are following the law, much like they expect all of us to do." The Albuquerque Police Department released the following statement late Wednesday afternoon: "The lawsuit filed by the ACLU contains knowingly false information. Chief Medina worked closely with the FBI to uncover the DWI scheme and opened an internal investigation to hold all involved accountable and leave no stone left unturned. APD leadership continues to cooperate and work with federal partners as they complete their investigation. APD will share more information with the public when details are permitted to be released."
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